Locurto v. Giuliani
| Decision Date | 24 June 2003 |
| Docket Number | No. 98 Civ. 6567(JES).,No. 98 Civ. 6505(JES).,No. 98 Civ. 6495(JES).,98 Civ. 6495(JES).,98 Civ. 6505(JES).,98 Civ. 6567(JES). |
| Citation | 269 F.Supp.2d 368 |
| Parties | Joseph LOCURTO, Plaintiff, v. Rudolph GIULIANI, Mayor of the City of New York, Howard Safir, Commissioner of the New York City Police Department, and The City of New York, Defendants. Robert Steiner, Plaintiff, v. Rudolph GIULIANI, Mayor of the City of New York, Thomas Von Essen, Commissioner of the New York City Fire Department, and The City of New York Defendants. Jonathan Walters, Plaintiff, v. Rudolph Giuliani, Mayor of the City of New York, Thomas Von Essen, Commissioner of the New York City Fire Department, and The City of New York Defendants. |
| Court | U.S. District Court — Southern District of New York |
Sullivan Papain Block McGrath & Cannavo P.C. (Michael N. Block, of counsel), New York City, for Plaintiff Jonathan Walters.
Law Office of Robert Didio (Robert Didio, of counsel), Kew Gardens, NY, for Plaintiff Steiner.
Michael A. Cardozo, Corporation Counsel of the City of New York (Jonathan Pines, Assistant Corporation Counsel, of counsel), New York City, for Defendants.
Plaintiffs Joseph Locurto, Robert Steiner, and Jonathan Walters (collectively "plaintiffs") bring these actions pursuant to 42 U.S.C. § 1983, alleging that defendants Mayor Rudolph Giuliani, Commissioners Howard Safir and Thomas Von Essen, and the City of New York (collectively "defendants"), violated their free speech rights as guaranteed by the First Amendment to the United States Constitution. Specifically, plaintiffs claim they were terminated in retaliation for engaging in protected speech. Plaintiffs seek reinstatement and compensatory and punitive damages. The Court conducted a bench trial on liability from January 7 to January 9, 2003. Having heard and observed all the witnesses, considered all the evidence presented, as well as the arguments made by the parties' counsel at trial and in their post-trial memoranda, the Court, for the reasons set forth below, finds in favor of plaintiffs. The following shall constitute the Court's findings of fact and conclusions of law as required by Fed. R. Civ. Proc. 52(a).
For a number of years prior to 1998, a loose-knit group of the Broad Channel, Queens community had entered a float in the town's annual Labor Day parade (the "parade"). See Defs.' Ex. K, Transcript of Disciplinary Hearing of Steiner and Walters, Office of Administrative Trials and Hearings, Oct. 6, 1998 ( ), at 129. Their floats typically parodied a television show or movie, sometimes depicting the negative stereotypes of a particular racial, ethnic or religious group in the process. See Steiner's Joint Pre-Trial Order ("Steiner JPTO") at 2; Walters' Joint Pre-Trial Order ("Walters JPTO") at 3. In 1996, for example, the group entered a float entitled "The Gooks of Hazard," which parodied the popular television show "The Dukes of Hazard," as well as a number of disparaging Asian-American stereo-types.1 See Defs.' Ex. K at 132. In 1997, the group's float was titled "Dysfunctional Family Feud," which was based on the television game show "Family Feud" and satirized a community rivalry between the Broad Channel Volunteer Fire Department and the Broad Channel Athletic Club. See id. Prior to 1996, the group's floats included such religiously-focused parodies as "Hasidic Park," in 1994, which parodied the movie "Jurassic Park" by depicting Hasidic Jewish men living in prehistoric times, and "The Blast Supper," in 1993, which parodied the final night Jesus Christ is believed to have spent with his apostles before his crucifixion, portraying it as a night filled with debauchery. See id. at 130, 131.
Each year, a panel that included local politicians awarded prizes in a variety of categories to that year's participants. See Defs.' Exhibit F, Transcript of Disciplinary Trial of Officer Locurto, Oct. 5, 1998 ( ) at 39. The group with which plaintiffs participated had won the prize for "Funniest Float" for the past nine (9) years, including in 1996 with "The Gooks of Hazard." See Defs.' Ex. K at 48.
Plaintiffs Joseph Locurto, a police officer in the New York City Police Department (the "NYPD"), and Robert Steiner and Jonathan Walters, firefighters in the New York City Fire Department (the "FDNY"), all participated in the 1996 and 1997 floats. See Locurto's Joint Pre-Trial Order ("Locurto JPTO") at 3; Steiner JPTO at 2; Walters JPTO at 3. There was no evidence at trial that either of those floats generated substantial media coverage or caused any disruption within or without the NYPD or FDNY. On Monday, September 7, 1998, plaintiffs participated in yet another float in the annual parade. See Trial Transcript of Bench Trial, January 7-9, 2003 ("Tr."), at 55. Plaintiffs were not dressed in uniform throughout the parade; they participated in their individual capacities as members of the community. See Locurto JPTO at 4; Steiner JPTO at 3; Walters JPTO at 4.
The float at issue in this case was entitled "Black to the Future: Broad Channel 2098." It was a take-off on the late-80's movie, "Back to the Future," and portrayed a number of offensive stereotypes about African-Americans. See Locurto JPTO at 7. Participants rode through the parade atop a flatbed truck donning black "Afro" wigs made from mops and having covered their faces with black lipstick, appearing in so-called "black-face." See Steiner JPTO at 6. The participants' dress ranged from overalls without an undershirt, to cut-off jean shorts and ratty t-shirts, to athletic-style sweat pants and sweatshirts. Their attire was uniformly slovenly. A large bucket of Kentucky Fried Chicken and watermelons were present on the float, the latter of which at least one participant ate, throwing the remains into the crowd. See id. at 6. Plaintiff Locurto denies having thrown anything off the truck. See Tr. at 46.
During the course of the parade, the individuals on the float, including plaintiffs, engaged in several chants, such as "No justice, no peace," referring to an oft-heard chant at civil-rights era rallies; "We didn't land on Broad Channel, Broad Channel landed on us," a play on the expression "We didn't land on Plymouth Rock, Plymouth Rock landed on us"; and "This isn't Johannesburg." See Locurto JPTO at 5. Additionally, although plaintiff Locurto denies having done so, other individuals on the float, including plaintiffs Steiner and Walters, also yelled "Crackers, we're moving in!" See Locurto JPTO at 4; Walters JPTO at 4. Intermittently throughout the parade, the participants cheered as plaintiff Walters simulated "break dancing" alongside the float. See TV. at 151-52.
Near the end of the parade, and without the knowledge of the other plaintiffs, plaintiff Walters continued his antics by hanging by his hands off the back of the truck for approximately ten (10) seconds in a manner reminiscent of the dragging death of James Byrd, Jr. in Jasper, Texas, in 1998, see Locurto JPTO at 5; Steiner JPTO at 3; Walters JPTO at 4, where three (3) white men dragged Mr. Byrd, an African-American man, behind a truck with a rope tied around his ankles. Immediately before this display, Walters stated, "Look what they did to our brother in Texas, we would not allow them here...." Tr. at 137. Shortly after returning to the bed of the truck, plaintiff Walters repeated the above-described display, allegedly at the urging of a cheering crowd and cameramen. See id. at 136.
Plaintiff Joseph Locurto is a life-long resident of Broad Channel, Queens. See Locurto JPTO at 2. He was a police officer with the NYPD from February 1994 until his termination on October 10, 1998. See id. During this time, Locurto was assigned to the 104th Precinct in Queens, a racially-mixed precinct. See id. Locurto consistently received positive reviews from his supervisors, most recently being rated as "highly competent" in the category of "Community Interaction" in December 1997.2 See id. at 3. Locurto also received a commendation for assisting in the apprehension of a fleeing felon. See id.
Plaintiff Walters is also a life-long resident of Broad Channel; plaintiff Steiner has lived in Broad Channel since 1996. See Steiner JPTO at 2; Walters JPTO at 2. Both were employed by the FDNY until their termination on October 26, 1998. See id. Steiner joined the FDNY in 1996, serving most recently as a firefighter of Ladder 17 in the South Bronx, a ninety-eight percent (98%) minority community. See Steiner JPTO at 2. During his time with the FDNY, Steiner never had any problems with the community in which he served or the firefighters with whom he worked. See Defs.' Ex. K at 214-15 (Test, of Captain Tuberty). He also received uniformly excellent performance reviews from his supervisors. See id.
Plaintiff Walters joined the FDNY in 1990 and worked in Engine Company 231 in the Brownsville section of Brooklyn, a predominantly African-American and Hispanic neighborhood, for the three (3) years preceding his termination. See Defs.' Ex. K at 273-74. Throughout his time in Brownsville, Walters similarly received satisfactory or higher evaluations and had no difficulty with any of his fellow firefighters, who were also racially diverse, or members of the community. See Defs.' Ex. K at 273-76 (Test, of Capt. Higgins). Steiner and Walters participated in the parade with roughly the same individuals for the past nine (9) years.
On Sunday, September 6, 1998, plaintiffs Locurto and Walters attended a barbeque to discuss their participation in the annual parade, which was scheduled to take place the following day. See Locurto JPTO at 3; Steiner JPTO at 3; Walters JPTO at 3. The group considered...
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